Legal Opinion

La Vie v. Tooze

Oregon Supreme Court

Decided February 6, 1905Published

From Marion: George H. Burnett, Judge. Action of replevin by George La Vie against Walter L. Tooze, resulting in a judgment for defendant.

1Opinion of the CourtJustice Bean

This is an action to recover possession of 40 bales of hops. The complaint is in the usual form. The answer denies the allegations of the complaint except the possession of the hops by the defendant, and -alleges ownership and right of possession in him. A trial before a jury resulted in a verdict and judgment for defendant, and plaintiff appeals.

The facts are these: In January, 1902, the plaintiff and one J. R. Kaser entered into a contract by the terms of which Kaser bargained and sold and agreed to deliver to the plaintiff 8,000 pounds of hops to be grown by him during the season of 1902…

2Cases cited4 opinions

  1. Backhaus v. BuellsOregon Supreme Court · 1903
  2. Martz v. PutnamIndiana Supreme Court · 1889
  3. Scott v. KingIndiana Supreme Court · 1859
  4. La Vie v. ToozeOregon Supreme Court · 1903

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